2020-10-12 GC Agenda - Item 9 - Attachment 1 - Aircraft Noise Ombudsman Report - Investigation

3 Consultation by Airservices – legislation, policy and
  procedural documents
Legislation and legislative instruments

3.1       One of the functions of Airservices under section 8 (1)(d) of the Air Services
          Act 1995 (Cth) is “carrying out activities to protect the environment from the
          effects [and associated effects] of the operation of” aircraft.

3.2       Section 9 makes it clear that, in carrying out its activities, Airservices must
          regard safety “as the most important consideration” and, subject to safety,
          “must perform its functions in a manner that ensures that, as far as
          practicable, the environment is protected from the effects [and associated
          affects] of the operation and use of aircraft.”

3.3       Section 10 entitled “AA must consult and co-operate” requires Airservices to
          consult, in the performance of its functions, with a number of relevant
          government and industry bodies. Persons affected by aircraft operations are
          not specified although “consumer and other relevant bodies” are.

3.4       Section 16 empowers the Minister to give written directions to Airservices, with
          which it “must comply”. Ministerial Direction M37/99 requires Airservices to
          carry out the following activities:

                  … (ii) Provide advice, information and data on environmental aspects of air traffic
                  management including aircraft movements, aircraft noise, aircraft engine emissions and
                  aircraft operations.

                  (iii) Initiate and participate in discussions, consultations, studies and research with the
                  aviation industry and the community in relation to environmental aspects of air traffic
                  management.

                  …(vi) Provide advice and information on aircraft environment related matters to, and
                  participate in, airport consultative committees at those Australian airports that have such
                  a committee.

                  …(xii) Provide advice, information, guidance and assistance at locations outside
                  controlled airspace on environmental aspects of aircraft operations, movements and
                  procedures to the Department, the aviation industry and the community.

3.5       Under section 17 of the Air Services Act 1995, the Minister issued a notice to
          Airservices known as the Statement of Expectations for Airservices Australia
          for the Period 22 May 2017 to 30 June 2019, which included:

                  4. Stakeholder Engagement
                  I expect that in performing its functions Airservices will:

                  (a) undertake effective and ongoing engagement with the community, industry and
                  Government on the development and implementation of significant changes by
                  Airservices to air traffic and ARFFS;

                  (b) engage constructively in processes where it can provide information, assistance or
                  advice for policy formulation, implementation and regulation undertaken by Government
                  agencies, both within and outside my portfolio;



Aircraft Noise Ombudsman
Investigation into complaints about the introduction of new flight paths in the Sunshine Coast (April 2020)   Page 5